What is the difference between an appeal of right and an appeal by leave of court?
Full Question:
What is the difference between an appeal of right and an appeal by leave of court?
06/13/2007 |
Category: Criminal ยป Appeals |
State: Ohio |
#6415
Answer:
Ordinarily, an appeal cannot be brought until a final order has been entered in the case. A final order is an order that disposes of all issues as to all parties in the litigation. Sometimes an order may be deemed to be final in nature if it disposes of all issues as to one of multiple parties if the remaining issues being litigated in the court are unconnected and do not relate to the party seeking to take an appeal.
An appeal of a final order is known as an "appeal as of right" because a party has the right to one appeal under the relevant law. In some cases where a party seeks to appeal before there's a final order, the party must seek permission from a court to appeal.This is known as a "Motion for Leave to Appeal".
